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Tag Archives: Trust

Hull on Estates #331 – Issues Involving Minors and Incapables

Posted in Hull on Estates, PODCASTS / AUDIO, Show Notes, Show Notes
Listen to: Hull on Estates Episode #331 – Issues Involving Minors and Incapables  This week on Hull on Estates, Natalia Angelini and Jonathon Kappy discuss issues involving minors and incapables. Specifically, they discuss accepting payment into court for the benefit of individuals under the age of majority as well as various statutes dealing with accepting … Continue Reading

Hull on Estates Episode #311 – Beneficiary Designations When a Will Is Revoked

Posted in Hull on Estates, PODCASTS / AUDIO, Show Notes, Show Notes
 Listen to: Hull on Estates Episode #311 – Beneficiary Designations When a Will Is Revoked    This week on Hull on Estates, Paul Trudelle and Holly LeValliant discuss beneficiary designations when a will is revoked. More specifically, they discuss a recent decision made by the Ontario Superior Court of Justice: Petch v. Kuivila, 2012 ONSC … Continue Reading

Holy Jumping Title, Batman

Posted in Estate & Trust, Litigation
The recent Court of Appeal decision in Schwartz v. Schwartz, 2012 ONCA 239 (CanLII) discusses the issue of resulting trusts and their effect on transfers of property.  In Schwartz, Mr. and Mrs. Schwartz transferred title to their matrimonial home to Mrs. Schwartz alone in 2000. In 2006, title was transferred to Mr. Schwatz alone. In … Continue Reading

Hull on Estates #288 – Garron: Determining Residence of Trusts

Posted in Hull on Estates, PODCASTS / AUDIO, Show Notes, Show Notes
Listen to: Hull on Estates #288 – Garron: Determining Residence of Trusts This week, Saman Jaffery and David Morgan Smith discuss the recent Supreme Court decision in Fundy Settlement v. Canada (a.k.a. St. Michael Trust Corp. or Garron Family Trust) which confirms that the “central management and control” test used to determine the residence of corporations … Continue Reading

Fiduciary Relationships

Posted in Estate & Trust
We hear a lot about fiduciary duty in the practice of wills and estates. But what is it exactly? According to this definition in Irwin law’s online dictionary, a fiduciary is “a person occupying a position of trust vis-à-vis another person”. In the recent case of Hooper (Estate) v. Hooper, 2011 ONSC 4140, the court … Continue Reading

Holding a Cottage in Trust

Posted in Estate & Trust, Litigation
Last week, Globe and Mail columnist Tim Cestnick wrote on cottage ownership through a trust.  This week, Tim follows up his article with “Seven hints for holding a cottage in trust”. The hints relate to: 1. Dealing with the tax hit upon the transfer to the trust. 2. The taxation of the taxable benefit of … Continue Reading

Passing Over an Executor

Posted in Estate & Trust
In a recent decision out of the Supreme Court of B.C., Re Thomasson Estate, the Honourable Justice Gerow considered the circumstances where the court may pass over an executor, on an application by a co-executor/beneficiary. The two Deceased (collectively referred to as the “Deceased”) had been married and had four children together, all of whom … Continue Reading

Proposed Amendments to the Estate Administration Tax Act

Posted in Estate & Trust
The Ontario Government’s recent Bill 173 (the Budget Bill) deals with, amongst many other things, proposed amendments to Estate Administration Tax Act, 1998 (Schedule 14). Estate Administration Tax is applied to the value of an estate when the estate’s representative applies to the court for a certificate of appointment of estate trustee (often referred to as … Continue Reading

Life was Easier Before the Digital Era…

Posted in Estate & Trust
In the days prior to the evolution of the Internet, planning and administering an estate was relatively simple as the physical belongings of the deceased could be carefully sorted through, packaged, and divided according to the Deceased’s testamentary document or the applicable legislation. In the days since the  Internet has become a common household tool, planning and … Continue Reading

Lapse and Anti-Lapse

Posted in Estate & Trust
I regularly tutor students who are preparing to write the Estate and Trust section of the Solicitor’s exam for the Law Society. One of the more common questions that my students ask is for help in explaining two concepts: lapse and the “anti-lapse provision”. The common definition of a lapsed gift, is a gift that has failed … Continue Reading

Dual Co-habitation and Claims for Support

Posted in Estate & Trust
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Encouraging Your Parents to Discuss Their Financial Matters

Posted in Estate & Trust
Having an open conversation with your parents about their financial matters and the importance of estate planning is never an easy task. Medical studies have indicated that people who have lived through the Great Depression prefer to keep their financial affairs to themselves. This presents a challenging task for loved ones trying to discuss with their parents … Continue Reading

Foreign Trustees – Herring Estate (Re)

Posted in Estate & Trust, Litigation
www.hullandhull.com/Lawyers/Craig-R-Zee.shtmlIn yesterday’s blog, I mentioned that my blogs for the balance of this week would focus on a selection of recent trust law cases. A case that merits mentioning in the category of foreign trustees is Herring Estate (Re), 2009 CanLII 44707 (ON. S.C). This is a decision by the Honourable Justice D.M. Brown that provides … Continue Reading

Elder Abuse

Posted in Estate & Trust
In an aging society, our elderly can easily fall prey to predators looking to exploit them. Elder abuse can take many different forms: physical, psychological or financial abuse, or simply neglect. I read an article yesterday about Huguette Clark, the 104 year old heiress whose wealth is estimated at half a billion dollars. During her lifetime, Clark … Continue Reading

Competent Children Don’t Need an Inheritance

Posted in Estate & Trust
Chinese real-estate tycoon, Yu Pengnian, announced this past April that he was donating the last $500 million of his fortune to his charitable foundation on philanthropy. He was asked by a reporter, whether his children were angry about his donations and responded by stating: “They didn’t oppose this idea, at least not in public.” |It is not … Continue Reading

The Importance of Having a Will

Posted in Estate & Trust
For my final blog for the week, I want to discuss an article recently featured in Forbes.com, which considers the importance of having a Will.  If an individual dies without a Will, he is said to have died intestate. When a person dies intestate, their assets are distributed pursuant to the intestate provisions contained in the … Continue Reading

Deceased User Policies: Twitter and Facebook

Posted in Estate & Trust
Social Media is not a fad and is fundamentally changing the ways we interact and communicate with others.  Two of the more popular social networking websites, Twitter and Facebook, recently implemented policies that set out guidelines regarding a user’s account once they have died. Under Twitter’s policy, a person can either request that the deceased … Continue Reading

Online Funerals

Posted in Estate & Trust
Computers have become a staple in the lives of human beings, such that it is difficult to imagine that there was a point in time when they did not exist. In an effort to remain current with technology, some funeral homes have incorporated the use of technology in how loved ones say their final farewells. The … Continue Reading

DEVOTION TO DOGS A SIGN OF INCAPACITY?

Posted in Estate & Trust
Pets are becoming increasingly important to Canadians. According to a 2001 IPSOS-REID "Paws and Claws" pet ownership study, more than half of all Canadian households owned a cat or a dog in 2001, with one third of households owning cats and one-third owning dogs. Since Wills are an opportunity for individuals to provide for their … Continue Reading

The Need to Plan our Estates

Posted in Estate & Trust
I recently read an article named “The Lessons of Famously Bad Estate Planning”, authored by Steven Morelli. This article looks at disasters that have followed celebrities because of the absence of a properly planned Will. Jimi Hendrix died without a Will which started a family war that would end up in court for more than … Continue Reading
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